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Old 27-08-16, 23:10   #151
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Default re: Kim Dotcom>JUDGE Orders Extradition To Be Live-Streamed>US Objects +Mega Millions

i don't think it should be live streamed at all. i won't spend anytime watching it because why? court cases are boring as hell to watch Seriously. i belong to the Dallas website one of them anyways and we were talking about on the show a couple years back how poorly written the court scenes in the show were. and i said same i said here they are boring to watch but on tv they make it look fun to watch.

and a poster who said he's a lawyer agreed with me. so i never will understand why people like watching that stuff. or is this just me? i love Court shows like The Practice, Law & Order The Good Wife but the real stuff is a snooze fest all the way.
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Old 05-09-16, 06:43   #152
 
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Default re: Kim Dotcom>JUDGE Orders Extradition To Be Live-Streamed>US Objects +Mega Millions

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Originally Posted by wildhoney66 View Post
i don't think it should be live streamed at all. i won't spend anytime watching it because why? court cases are boring as hell to watch Seriously. i belong to the Dallas website one of them anyways and we were talking about on the show a couple years back how poorly written the court scenes in the show were. and i said same i said here they are boring to watch but on tv they make it look fun to watch.
and a poster who said he's a lawyer agreed with me. so i never will understand why people like watching that stuff. or is this just me? i love Court shows like The Practice, Law & Order The Good Wife but the real stuff is a snooze fest all the way.

I don't make the news wildhoney66, I just report it on here....


However I just have 1 ? for you and your friends and their comments...

If you all dont watch news items such as this,,, how the heck do you all know/comment about what is going on??


Thanks for all your posts wildhoney66, they often make me smile and ponder...........sometimes....
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Old 06-09-16, 00:05   #153
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Default re: Kim Dotcom>JUDGE Orders Extradition To Be Live-Streamed>US Objects +Mega Millions

i love watching stuff with court in it. such as The Practice, Ally McBeal when it was on because i love David E. Kelly. and it's a cheesy show sure but i like it anyways, the good wife and JAG among others, that stuff is fun as hell to watch and entertaining. in 8th grade i think it was? or 7th one of them anyways we went on a field Trip to the courthouse and met the mayor i forget which one or where it was funny enough. but he knew my grandfather and he was a nice guy actually.

at least to us and to me. anyways it was a couple of years after he had died and it was nice to hear stuff about him. anyways we sat in court watching it and none of the stuff was murder or anything like that. there were 2 or 3 cases we watched and one of them was about a car accident i think and it bored the living daylights out of me.

i'm grateful that i went don't get me wrong i'd rather go on a field trip in school than end up being the one stuck up on there for whatever reason. or even as just a witness, anyways, on how i end up finding out some news i listen to my podcast WTF and it tells me what's going on in the world, plus online the name of a stories the titles do catch my eye and i read about it, or if they are talking about it at work i do ask what they are talking about sometimes.

because i don't watch the news as it also bores me.but when the news is about some stupid dog that got hit by a car or something useless as something stupid like some celeb has herpes or something that stuff isn't important to me. for one because i'm not an animal person. i'm not saying i hate them i don't.

but hearing about strangers pets on the news just doesn't interest me. having said that when it comes of Fat Guy.com i have been paying or trying to pay attention to what's been going on with him because for one he may help piracy or hurt it. and i'd like to know what the verdict is.

however i remember when O.J. Simpson was on the news well his trial anyways, and you could NOT get away from it. no matter where you went, and i tried watching a little bit of that and i was quickly bored out of my mind. but than i also didn't care what happend to him anyways so that's also a reason why i prolly tuned out.

if fat guy's verdict is posted online and no doubt it will be i'll read about it. but just to much crap goes on in this world to keep up with it all. even if you leave politics out of the equation it's still too much to keep up with.

some things have to interest me to keep me wanting to know what happens next. like Bill Cosby who if he is guilty should go to jail. but i've been a huge fan of his pretty much all my life and regardless if he is found guilty or not i can separate the talent from the man. to use him as an example
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Old 06-09-16, 19:58   #154
 
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Update re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions

N.Z. JUDGE Allows Kim Dotcom’s Extradition Case To Be Live-Streamed...
Dotcom's Battle to Avoid US Trial Goes Live
.....


The Guardian UK, 5 September 2016


It Will Be on YouTube Sometime Soon > IF The US Doesn't BLOCK IT.!...






Megaupload founder Kim Dotcom leaves with his girlfriend Elizabeth Donelly following his extradition appeal at the High Court in Auckland, on August 29, 2016 (AFP Photo/Kate Dwek)



Live streaming equipment is installed in Court;





The protracted battle to have Megaupload founder Kim Dotcom face video piracy charges in the United States broke new ground on Wednesday with live-streaming of his appeal against extradition.



Dotcom won approval to live-stream his bid to avoid leaving New Zealand after successfully arguing that global interest required more than standard brief television clips.

The case, in the Auckland High Court, is expected to last six to eight weeks and while the verdict in at least one previous New Zealand trial has been broadcast live, this is the first time a hearing has been live-streamed in full.

"Show me a short video or picture of how you are watching the live stream right now. Here's mine," Dotcom tweeted during the lunch adjournment with a photo of himself watching his lawyers on TV.

Judge Murray Gilbert ruled the case could only be streamed with a 20-minute delay, to allow the court time to prevent any restricted material from being published, and all footage was to be removed from the internet when the hearing ends.

Dotcom, a German national with permanent residency in New Zealand, faces decades in jail if convicted in the United States of piracy, which US authorities say cost copyright owners hundreds of millions of dollars.

He was first arrested nearly five years ago during a police raid on his mansion near Auckland after the FBI shut down Megaupload's servers.

After several legal battles, a court ruled in December last year there was "overwhelming" evidence to support extradition of the 42-year-old and three other Megaupload founders.

However, the case could rumble on for several more years with Dotcom vowing to continue legal challenges if he loses this appeal.

The prosecution has argued that Megaupload wilfully breached copyright by hosting illegally created movie, music and software files.

Dotcom claimed Megaupload was a genuine file-sharing site that did its best to police copyright infringement but had 50 million daily users and could not control every aspect of their activity.

Dotcom has denied any wrongdoing and accused US authorities of pursuing a vendetta against him on behalf of politically influential Hollywood studios.

The FBI alleges Megaupload netted more than US$175 million in criminal proceeds and cost copyright owners more than US$500 million by offering pirated content.
END



+ WATCH HIS INTERVIEW with the BBC within this video;





The Man Behind Megaupload;


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Old 08-09-16, 19:46   #155
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Default re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions

what is a good looking woman like that doing with well HIM? he does look like he's lost some weight though or am i wrong?
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Old 10-09-16, 07:35   #156
 
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Default re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions

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Originally Posted by wildhoney66 View Post
what is a good looking woman like that doing with well HIM? he does look like he's lost some weight though or am i wrong?

Work it out.. Divorce wife >> transfer ASSETs to her.. etc..etc..


Kim Dotcom was born in GERMANY many years ago...His first name was Michael....

He researched and found the safest country he could live in would be NEW ZEALAND... He changed his name to KimDotcom.

Although I do not support him in any way.. The US is WRONG.

There is no legal law in the US to support a prosecution against the C&P storage facility that MEGA GROUP offered..

I just hope China will release more of his millions of $$$ to fight the US & get the rest of his millions to stop this crazyiness..
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Old 11-09-16, 04:02   #157
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Default re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions

well to a certain point he is a smart guy, but than he i think went overboard with his stunts back when megaupload was around and when he did that song a few years back and had actual artists support his site by singing the stupid song that pissed a LOT of people off and that i think is what broke the camel's back as the saying goes.

if he does get off and i hope he does, not because i like the guy or care if he looses all his money by paying his lawyer's bills and so forth. the US is i agree wrong but you know them they want to prove to the world that piracy is wrong and so forth.

and the only thing that bothers me is when i put in a dvd i buy and it says that piracy is hurting the enviroment sorry for my crap spelling, and i ask WTF? how is the hell is it hurting it?

cutting down trees to build resorts for rich people to play golf is hurting the planet NOT someone downloading a film from 50 years ago or even 100 years ago.

there is a LOT of movies that get made per year and it's not just the majors do that make them either. leaving out Porn which also can be included too i'm sure. movies can bring in a LOT of money if it's a good product and than people who get curious to see this film or that film can download it 1st and love it and than pay and see it. than they will no doubt buy it on whatever format it's on after it hits video or hell VOD.

also did you hear about the kickass torrents guy? how he's been busted oh a couple weeks ago, the guy i think will be their escape goat if the fat guy wins because this idiot has servers in the US so they have juridistion sorry for my bad spelling.

i dunno if you posted about it on here but check it out. and it's amazing how stupid that guy is. anyways, i had thought the fat guy won and it was over with i had heard he won, but i think he did win something i forget what but his case isn't over yet apparently i didn't think it had happened when i had heard that he won. i wonder if it will get changed again? cause it was suppose to happen in what Jan. than June etc.. you get the idea i'm sure
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Old 27-09-16, 14:24   #158
 
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Update re: Kim Dotcom Petitions Appeals Court >Rehearing Over Seized Mega Millions

Dotcom Petitions Appeals Court For Rehearing Over Seized Millions

Posted: 27 Sep 2016. TF






As Megaupload was being shutdown in 2012, authorities in the United States, New Zealand and Hong Kong swooped on millions of dollars in cash and other property.


The US government said that these considerable assets were the product of copyright infringement and money laundering. As a result, sweeping steps were taken to take control of bank accounts and other property belonging to the defendants in the so-called Mega Conspiracy.

After meeting with stiff opposition when attempting to extradite Dotcom and his co-defendants, the US Government branded them fugitives from justice and subsequently won a legal battle to seize their millions.

Soon after, Megaupload’s legal team filed an appeal with the Fourth Circuit Court of Appeals. However, that ended in disappointment last month when a three-judge panel at the Fourth Circuit handed down a two to one decision against Dotcom.

The Fourth Circuit upheld the decision of the lower court, dismissing the argument that the seizure order against Dotcom’s assets had no jurisdiction and finding that as a fugitive, the Megaupload founder had no standing to reclaim his assets. With more than $67m at stake, that was a particularly big deal.

At the time, Dotcom vowed to fight back and yesterday the first stage of that process began. Headed by Ira Rothken, Dotcom’s US legal defense announced that they had filed a Petition to the Fourth Circuit Court of Appeals for a rehearing and rehearing en banc on the issues of forfeiture and fugitive disentitlement.

“Petitioners seek en banc review of a 2-1 ruling that conflicts with the precedents of this Court, the Supreme Court, and other circuits on issues of importance to the scope of federal jurisdiction over foreign property and civil forfeiture law,” the filing begins (pdf).

The petition goes on to highlight the gravity of the matter – the largest criminal copyright case in U.S. history – and notes that the US government acted aggressively by seizing property first and then relying on the doctrine of “fugitive disentitlement” to achieve forfeiture without having a trial on the merits.
Noting that the decision of the Fourth Circuit panel was not unanimous (Judge Floyd dissented), Dotcom’s team says that the ruling conflicts with precedents of both the Fourth Circuit and the Supreme Court.

Under this Court’s precedent, ‘only if the court has exclusive custody and control over the property does it have jurisdiction over the property so as to be able to adjudicate rights in it that are binding against the world,” the petition reads.

Noting that the property in question is controlled by foreign courts that are not compelled to comply with a U.S. forfeiture order, the petition describes the ruling as both a “hypothetical judgment” and an “unconstitutional advisory opinion.”
“En banc review is needed to ensure uniformity in this Court’s decisions, and to avoid a conflict with Supreme Court precedent,” it adds.

Finally, the petition underlines the claims Dotcom has been making from the beginning, that the US Government is abusing its powers in order to gain unfair advantage over citizens of foreign countries that have never set foot on US soil.

“By stacking allegations of fugitive status on top of allegations of forfeitability, the government can obtain an unprecedented, roving worldwide license to indict foreign citizens who have never lived or worked in the United States and forfeit their foreign property — all without proving any wrongdoing or having control over the property,” it warns. “Review is warranted.”

Whether a rehearing will be granted remains to be seen but Dotcom says he intends to take his case all the way to the Supreme Court if necessary.

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Old 03-10-16, 23:16   #159
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Default re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For Help

i understand he wants his money back, and frankly i can't say i blame him for that. but why doesn't he wait until his hearing is over and see if he wins?
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Old 21-10-16, 10:41   #160
 
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Update re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For Help

Megaupload User Fears Complete Data Loss, Asks Court For Help

Posted TF: 20 Oct 2016


In the wake of Megaupload’s shutdown nearly five years ago, many of the site’s users complained that their personal files had been lost as collateral damage.

One of these users is Kyle Goodwin, who operates a sports video company in Ohio. He used Megaupload as part of his business, storing large videos he created himself.


After Megaupload’s servers were raided Mr. Goodwin could no longer access the files. In an effort to remedy this, he asked the court to help him and others to retrieve their personal property.


Helped by the Electronic Frontier Foundation (EFF) and Stanford’s Hoover Institution, Mr. Goodwin filed over half a dozen requests asking the court to find a workable solution for the return of his data. Thus far, however, this has been without success.


This week, his legal team once again raised the issue before the Virginia District Court, pointing out that the government’s actions are still being felt today.

“As a result of the government’s actions, Mr. Goodwin and many other former Megaupload users lost access to their valuable data, and that data remains inaccessible today,” Goodwin’s legal team writes (pdf).


The files were originally stored by Carpathia Hosting, which was later taken over by QTS Realty Trust. Although the backups are still in place, QTS informed the court last year that this may not last for long.

At the time QTS noted that “there is a high likelihood that the disk drives, on which the data presumably reside, will experience high failure rates.”

Meanwhile, the parties involved including the Government, Megaupload and copyright holders, have yet to find a mutually agreeable solution for the data retrieval. Similarly, the court has yet to rule on Mr. Goodwin’s motion asking for the return of his property, which he filed in 2012.

“Mr. Goodwin’s motion remains pending. Further delay may mean the complete loss of Mr. Goodwin’s valuable property and that of other former Megaupload users,” his lawyers write.

Hoping to finally make a breakthrough while the data still exists, Mr. Goodwin is now asking the court to rule on his pending motion for return of his property as soon as possible.

Megaupload counsel Ira Rothken hopes that the court will hold the Government responsible for their actions and that it will help to reunite former users with their data.

“Megaupload looks forward to having the court determine whether or not the U.S. acted appropriately by turning off all consumer access to their data stored in the cloud,” Rothken tells TF in a comment.

“The Department of Justice should avoid elevating Hollywood interests over consumer interests and do the right thing for consumers like Kyle Goodwin who wants access to youth soccer videos he stored in the Megaupload cloud,” he adds.

The sports videographer is not the only one waiting to be reunited with his files. Many others are in the same position. Just a few weeks ago a former Megaupload user contacted TorrentFreak in desperation, hoping to recover a personal photo that is very dear to him.

Whether the court can help to make this happen has yet to be seen. The lack of progress over the past several years doesn’t encourage optimism.
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Old 31-10-16, 02:14   #161
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Default Re: Dotcom Petitions Court>Mega Millions +Mega User Fears Lost Data>Asks Court For He

well i hope the guy gets his data back. like you posted on here, it's suppose to open back up in Jan. and the users are suppose to get their data back than, no doubt he heard about this i'm sure. but i can't say that i blame the guy for wanting it sooner
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Old 21-01-17, 18:08   #162
 
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Update re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules

Megaupload 2.0 News Delayed By ‘Expected’ Roadblock

Posted: 21 Jan 2017, TFreak







In January 2012, New Zealand Police carried out the largest action ever against individuals accused of copyright infringement.

The raid on Kim Dotcom’s Coatesville mansion was carried out on behalf of United States authorities, who are still trying to extradite him and several of his former colleagues.

Meanwhile, Dotcom hasn’t been sitting still. Today, exactly five years after the raid on his house and the destruction of the original Megaupload, the entrepreneur planned to announce fresh details on a new and improved version, Megaupload 2.0.

Dotcom, who is not officially part of the venture but acts as its chief “evangelist,” informed us a few months ago that the launch was delayed but that more information would come out today.

“It is unlikely that we can make a full January 20th launch happen. The fund-raising was delayed and the legal team needed more time for the new setup. But we will reveal more details about Megaupload 2 and Bitcache on that special day,” Dotcom said at the time.

Those who followed Dotcom’s Twitter updates were indeed promised some “big news,” but at the end of the day things turned out quite differently. The announcement had to be delayed due to an “expected” roadblock.

“Sorry but there has been an expected hiccup. Will tell you all about it later today. Let this play out and give me some time to update you,” Dotcom noted.

No further details on the exact reason for the delay were provided, but the Megaupload 2.0 team is actively working on a solution. This may take a few days, according to a message posted by Dotcom a few hours ago.


. Operation Destroy Roadblock





This appears to be the first bump in the road after Megaupload 2.0 was first mentioned last summer. Prospective users who are eager for more details have to be patient for a little longer.

From what has been revealed thus far, Megaupload 2.0 and the associated Bitcache platform will allow people to share and store files, linking every file-transfer to a bitcoin transaction.

The bitcoin element is not the only part that’s new. Unlike the original Megaupload, the new incarnation isn’t going to store all files itself. Instead, it plans to use third-party providers such as Maidsafe and Storj.

This means that the new Megaupload will mostly act as a middleman between other file-storage platforms, adding a separate layer of encryption through Bitcache.

More information and perhaps some technical details are expected to follow in the near future.
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Old 25-04-17, 15:07   #163
 
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Update re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules

Kim Dotcom Asks Police to Urgently Interview FBI Director Jim Comey...

25 Apr 2017, TF


When authorities in the United States and New Zealand shut down Megaupload in 2012, large amounts of data were seized in both locations. The data in the US is currently gathering dust but over in New Zealand yet another storm is brewing.

In the weeks following the raid, hard drives seized from Dotcom in New Zealand were cloned and sent to the FBI in the United States. A judge later found that this should not have been allowed, ruling that the copies in the FBI’s possession must be destroyed.

Like almost every process in the Megaupload saga the ruling went to appeal and in 2014 Dotcom won again, with the Court of Appeal upholding the lower court’s decision, stating that the removal of the clones to the United States was “plainly not authorized.”

At the time Dotcom said that fighting back is “encoded in his DNA” and today he’s taking that fight to the FBI. On Sunday, FBI director James Comey touched down in Queenstown, New Zealand, for an intelligence conference. With Comey in the country, Dotcom seized the moment to file a complaint with local police.

In the complaint shared with TorrentFreak, lawyer Simon Cogan draws police attention to the Court of Appeal ruling determining that clones of Dotcom drives were unlawfully shipped to the FBI in the United States. Since Comey is in the country, police should take the opportunity to urgently interview him over this potential criminal matter.

“As director of the FBI, Mr Comey will be able to assist Police with their investigation of the matters raised in Mr Dotcom’s complaint,” the complaint reads, noting several key areas of interest as detailed below.


Quote:




.
,



Speaking with TF, Dotcom says that since the New Zealand High Court and Court of Appeal have both ruled that the FBI had no authority to remove his data from New Zealand, the FBI acted unlawfully.

“In simple terms the FBI has committed theft,” Dotcom says.

“The NZ courts don’t have jurisdiction in the US and could therefore not assist me in getting my data back. But FBI Director Comey has just arrived in New Zealand for a conference meaning he is in the jurisdiction of NZ courts. We have asked the NZ police to question Mr Comey about the theft and to investigate.”

In addition to seeking assistance from the police, Dotcom says that he’s also initiated a new lawsuit to have his data returned.

“We have also launched a separate civil court action to force Mr Comey to return my data to New Zealand and to erase any and all copies the FBI / US Govt holds. We expect an urgent hearing of the matter in the High Court tomorrow,” Dotcom concludes.

It’s likely that this will be another Dotcom saga that will run and run, but despite the seriousness of the matter in hand, Dotcom was happy to take to Twitter this morning, delivering a video message in his own inimitable style.

Speaking with TF, Dotcom says that since the New Zealand High Court and Court of Appeal have both ruled that the FBI had no authority to remove his data from New Zealand, the FBI acted unlawfully.

“In simple terms the FBI has committed theft,” Dotcom says.

“The NZ courts don’t have jurisdiction in the US and could therefore not assist me in getting my data back. But FBI Director Comey has just arrived in New Zealand for a conference meaning he is in the jurisdiction of NZ courts. We have asked the NZ police to question Mr Comey about the theft and to investigate.”

In addition to seeking assistance from the police, Dotcom says that he’s also initiated a new lawsuit to have his data returned.

“We have also launched a separate civil court action to force Mr Comey to return my data to New Zealand and to erase any and all copies the FBI / US Govt holds. We expect an urgent hearing of the matter in the High Court tomorrow,” Dotcom concludes.

It’s likely that this will be another Dotcom saga that will run and run, but despite the seriousness of the matter in hand, Dotcom was happy to take to Twitter this morning, delivering a video message in his own inimitable style.


Quote:


In your face Comey, in your face! #FVEY #Queenstown #FBIThieves pic.twitter.com/aJb5MrHKWe

— Kim Dotcom (@KimDotcom) 25 April 2017


.
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Old 29-04-17, 03:50   #164
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Default re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules

i didn't read all of this but he's right as much as i hate to say it. i've said it before and many times they want to use him as an example. and i agree they should have went by the law. did he ever go to court and if he did, did he win i really lose track on what the hell is going on to be honest. i see he wants from what you posted here, but did he even win his case? or did i miss that he did?
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Old 21-07-17, 09:09   #165
 
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Hacker re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules




TF, Posted: 20 Jul 2017



In the months leading up to the infamous raid on Kim Dotcom’s New Zealand mansion and his now defunct cloud storage site Megaupload, the entrepreneur was under surveillance.

Not only were the MPAA and RIAA amassing information, the governments of the United States and New Zealand were neck-deep in the investigation too, using the FBI and local police to gather information.

What soon became evident, however, is that the authorities in New Zealand did so while breaking the rules.


Between 16 December 2011 to 22 March 2012, New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on the private communications of Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. This was hugely problematic.

GCSB is an intelligence agency of the New Zealand government responsible for spying on external entities. It is forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. His standing in the country meant that Dotcom should not have been spied on.


“Of course I apologize to Mr Dotcom, and I apologize to New Zealanders,” then New Zealand Prime Minister John Key later said.

Since it was established that New Zealand illegally spied on Dotcom, the Megaupload founder has been trying to find out what information the GCSB gathered about him, then wife Mona, and former colleague Bram van der Kolk. According to Dotcom, there was a total of 87 breaches, all of which the government wants to keep secret.

Since then, Dotcom has been fighting to gain access to the information GCSB illegally obtained, while seeking compensation for the damages caused.

In a ruling handed down this morning, the High Court details its findings in respect of a three-day hearing that took place early April 2017, during which GCSB said the raw, unredacted information should be withheld from Dotcom on national security grounds.

GCSB and the government argued that the public interest in the disclosure of the material is outweighed by the public interest in withholding it, adding that the security and defense of New Zealand would be compromised on the world stage.

For their part, the Dotcoms said that nondisclosure of the unredacted documents breaches their rights under the New Zealand Bill of Rights Act 1990. Given that any damages award is directly linked to the extent and nature of the illegal intrusions into their private lives, access to the documents is paramount.

That being the case, they argued that the public interest in disclosure outweighs any public interest in the information being withheld.

This morning, citing a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications, Justice Murray Gilbert insisted that the recordings will not be released.

“A number of the redactions in the discovered documents are to protect the identity or contact details of personnel who were involved in or associated with the operation or copied into email communications concerning it,” Justice Gilbert wrote.

“It is hard to see how any of this information could be relevant to the relief that should be granted in this proceeding. Again, the public interest in withholding disclosure of this information far outweighs any public interest in its disclosure.”

In a statement, Kim Dotcom expressed his frustrations, noting that the government is doing everything it can to suppress details of the illegal surveillance.

“After being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind ‘national security’ to keep the truth from us,” Dotcom said.

“To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a ‘closed’ court with the Judge, where they made secret submissions and secret witnesses gave secret evidence.”

Dotcom said neither his lawyers nor the public was allowed to be present during the hearing. And when his legal team could be heard, they were significantly hampered in their work.


“When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs,” Dotcom said.

The Megaupload founder suggests there is there is a clear double-standard when he has to be tried in public for his alleged crimes, but when it comes to offenses carried out by the government, the process takes place behind closed doors.

“I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again,” he concludes.
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Old 27-07-17, 19:49   #166
 
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Update re: Kim Dotcom >Entire Spying Operation Was Illegal, High Court Rules

New Zealand Police Confirm ‘Extra’ Illegal Spying on Kim Dotcom

T.F. 27 Jul 2017


Kim Dotcom has made headlines in the press again over the past week, but not for his own alleged misconduct.

Instead, there is a renewed focus on the unlawful surveillance practices of the Government Communications Security Bureau (GCSB).

During the months leading up to the raid, the GCSB carried out surveillance on Dotcom but failed to check his residency status. The outfit was not allowed to spy on its own residents and clearly crossed a line with its unlawful information gathering.


To find out what was collected, Dotcom asked the High Court for access to the surveilled information, but last week this request was denied. While this came as a disappointment, the court did reveal something else of interest.

As it turns out, the illegal spying on Dotcom didn’t stop on January 20, 2012, when Dotcom was arrested. Instead, it carried on for another two months, ending March 22, 2012.


Initially, some people thought that the High Court may have made a mistake in the timeline, but with pressure mounting, New Zealand police have now confirmed that this is not the case. The illegal spying did indeed continue for two more months.

“We’ve checked the file and can confirm that the dates you’ve highlighted were known to the Operation Grey team. They were considered as part of the investigation and decision-making about the outcome,” a police spokesman told NZ Herald.

While this is all news to the public, the police and others were well-aware of the additional spying. This raises a series of questions, which Megaupload’s founder would like to see answered.


“Does this mean that New Zealand Police knew that the GCSB affidavits were false? GCSB told the Courts under oath that the illegal spying ended two months earlier. Not in March but in January,” Dotcom says, commenting on the news.

The issue is more than a matter of oversight, Dotcom says, and he calls for a proper investigation where the people responsible will be held accountable.


“New Zealand Police investigated GCSB because of the illegal spying but nobody was ever charged with any crime. How is that possible if the Police knew that the GCSB lied to the New Zealand Courts? What else would we discover if we had a fair and open hearing instead of secret submissions in closed Court?

“The New Zealand Courts have been fooled by the GCSB and the Police. What’s next? What are the consequences?” Dotcom adds.


In recent years the Megaupload case has been a stumbling block for several politicians and the latest revelations have put Prime Minister Bill English under pressure.

It’s clear that several high ranked officials would rather see Dotcom leave, but thus far the fiasco is more likely to help him stay.
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Old 26-08-17, 08:12   #167
 
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Update re: Kim Dotcom Privacy Act Appeal Underway

Entire Kim Dotcom Spying Operation Was Illegal, High Court Rules

Posted: 26 Aug 2017. TF.


In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk.

When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error.

With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn’t get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police.

This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect.

With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too.

The reports are based on documents released by Lawyer Peter Spring, who is acting for Bram van der Kolk and Mathias Ortmann. Spring says that the High Court decision, which dates back to December but has only just been made available, shows that “the whole surveillance operation fell outside the authorization of the GCSB legislation as it was at the relevant time”.

Since Dotcom is a permanent resident of New Zealand, it’s long been established that the GCSB acted illegally when it spied on him. As foreigners, however, Megaupload co-defendants Finn Batato and Mathias Ortmann were previously considered valid surveillance targets.

It now transpires that the GCSB wasn’t prepared to mount a defense or reveal its methods concerning their surveillance, something which boosted the case against it.

“The circumstances of the interceptions of Messrs Ortmann and Batato’s communications are Top Secret and it has not proved possible to plead to the allegations the plaintiffs have made without revealing information which would jeopardize the national security of New Zealand,” the Court documents read.

“As a result the GCSB is deemed to have admitted the allegations in the statement of claim which relate to the manner in which the interceptions were effected.”

Speaking with RadioNZ, Grant Illingworth, a lawyer representing Ortmann and van der Kolk, said the decision calls the entire GCSB operation into doubt.

“The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further. The reason it went further was because it didn’t have authorization to carry out the kind of surveillance that it was carrying out under the legislation, as it was at that time,” Illingworth said.

In comments to NZHerald, Illingworth added that the decision meant that the damages case for Ortmann and van der Kolk had come to an end. He refused to respond to questions of whether damages had been paid or a settlement reached.

He did indicate, however, that there could be implications for the battle underway to have Dotcom, Batato, Ortmann and van der Kolk extradited to the United States.

“If there was illegality in the arrest and search phase and that illegality has not previously been made known in the extradition context then it could be relevant to the extradition,” Illingworth said.
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Old 11-09-17, 05:01   #168
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Default re: Kim Dotcom Privacy Act Appeal Underway

than if it's not legal they should NEVER have arrested him at all. in fact the case should be dropped for that matter once it was discovered and it's been years for them to do it the legal way and so far as i know unless i'm wrong they haven't. i forget what all happend in the past cause this case has gone on forever it feels like.

i think they should by now just throw his ass in jail or let him go. yes it sound simple and i get it's not but still it's what 5 or 6 years now. how much longer do they need to make a case against him? after all the illegal stuff they've done any judge they've been in front of once he discovered it wasn't legal should have thrown the case out the window. but than i don't work for the law and i dunno what all they have since got legal at all.
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Old 22-01-18, 10:26   #169
 
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Update re: Kim Dotcom Privacy Act Appeal Underway

Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back

TF 22 Jan 2018.






Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world...


Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit bank accounts, servers, domain names, and other seized possessions of the Megaupload defendants.

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia.

The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com.


Mega’s Domains




.

This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday.


The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades.

“Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims.

“Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.”

As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous.

Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet.

“We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak.

There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom.

The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state.

“A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote.

According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods.

However, judging from the look of the chair and the state of some other belongings, something clearly went wrong.


Rotten & Destroyed



.
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Old 11-09-18, 16:07   #170
 
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Update Re: Kim Dotcom Privacy Act Appeal Underway

Kim Dotcom Privacy Act Appeal Underway at the High Court

TF 11 Sep 2018.


Way back in 2012, Kim Dotcom’s cloud storage site Megaupload was shut down in a massively blaze of publicity. Ever since, Dotcom and several of his former colleagues have been fighting extradition to the United States.

Dotcom’s strategy in New Zealand has been to challenge all aspects of the case against him, something that has seen him burn through tens of millions of dollars in legal fees. He has sought every piece of available information to assist his defense, but that hasn’t always gone his way.

In 2015, Dotcom asked dozens of ministers and multiple government departments to disclose information they held on him. With Dotcom’s case rolling on, his requests were classified by his team as “urgent”. However, then-Attorney General Chris Finlayson denied the requests, describing them as vexatious and baseless.

Ever persistent, Dotcom filed a complaint with the Human Rights Tribunal, accusing the New Zealand Government of wrongfully withholding information from him.

Last March the Tribunal ruled in Dotcom’s favor, noting that the Crown was “in clear breach of its obligations under the Privacy Act” when it withheld the information. Dotcom was awarded NZ$60,000 in damages for “loss of dignity or injury to feelings” plus NZ$30,000 to compensate for the information not being handed over.

Dotcom was quick to celebrate, noting that the ruling from the Tribunal meant that his extradition case was effectively over, with the Attorney General having “perverted the course of Justice.”

While an end to the extradition process is still not in sight, the ruling from the Tribunal also compelled the authorities to comply with Dotcom’s original request. But with that still yet to happen, the show isn’t over yet.

The Crown subsequently appealed the decision of the Tribunal and yesterday the matter went before the High Court in Wellington.

Lawyer Victoria Casey, representing the Attorney General, said there was no evidence that the information was wrongly disclosed to cause injury to Dotcom’s feelings (as the NZ$60,000 award suggests) and there was no evidential basis for Dotcom to be awarded the NZ$30,000 either, RadioNZ reports.

Casey also argued that while Dotcom’s 52 requests to 28 ministers and government departments were marked as urgent due to his ongoing extradition battle, the information could not have been used because the window for submitting evidence had already closed. It was also a sizeable request, that could not have been fulfilled quickly, the lawyer said.

These factors meant that the allegedly unwieldy request for disclosure was considered vexatious by the then-Attorney General.

In Court yesterday, Casey said that Dotcom had demanded “every record mentioning him by name held by every government agency and every then-government minister, plus each agency contracted to work with any of those entities.”

Four days have been set aside for the hearing.....


A copy of the original Human Rights Tribunal ruling is available here (pdf).
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Old 15-09-18, 04:16   #171
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Default Re: Kim Dotcom Privacy Act Appeal Underway

1stly that is just plain wrong they would do that to his furniture. what did they raid his house and also tear his furniture apart? the guy wasn't a drug dealer nor was he an arms dealer either. i still want this fat guy to win his case though. i mean sh*t it's been 6 years now why don't they just leave the guy alone?



i don't think he's worth the kind of money he used to be worth... at least not that i'm aware of and yes i could be wrong. as for his case/charges being to big i get that but there is no doubt that he filed it in time... it was i'm sure let go on purpose so he would lose. no i have no proof on this but i wouldn't be surprised if it were true.


have you heard the MPAA hired a new law firm? they are going after downloads and streaming. they are still damn obessed with piracy, we have a really crummy economy and people in charge who don't give a damn about us and they want



to do all this? it's just a waste of money i think. of their time and our money as well since we are paying for that crap
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